How the New Tax Law Will Affect Alimony

How the New Tax Law Will Affect Alimony

Posted By Stepniak & Park || 2-Mar-2018

When couples get
divorced in Florida and in other states throughout the country, the spouse that
is not the main breadwinner of the family often seeks spousal support,
also known as
alimony or maintenance. Alimony is a form of financial assistance that is paid
by one spouse to another.

While many couples do not have equal earning capacities, one spouse may
not even have an income in some cases. In the event of a divorce, maintenance
payments help to keep the spouse with less earning potential financially
stable. Spouses who are required to pay alimony typically do not mind
because, under current law, these payments are deductible to the payer.

Unfortunately, alimony deductions will be a thing of the past according
to the new tax law. According to the new law, the paying spouse cannot
deduct alimony, and the supported spouse can no longer has to pay taxes on it.

The provision would take effect for divorce and separation agreements signed
after December 31, 2018. Furthermore, the new rule wouldn’t affect
anyone already paying alimony.

Divorce lawyers throughout the nation say this move could make ending marriages
an even lengthier and more costly process. Attorneys typically use this
tax deduction as a means to reach a settlement easier since there was
more money to work with. Without the deduction, there is less money to
go around.

Spillover implications of eliminating the alimony tax include complicating how
child support is calculated. The change can also affect how assets are split up.

Additionally, the move could be particularly harmful to lower-income couples.
While wealthy couples can often afford higher taxes on alimony payments,
it is those spouses with limited means where a few hundred dollars per
month is going to make a significant difference in their quality of life.

Prenuptial—and postnuptial—agreements generally contain clauses
that are tailored to the couples needs, including how alimony is awarded.
However, these agreements have alimony provisions with the tax deduction
factored into the equation.